[1728] Mor 15940
Subject_1 TESTAMENT.
Mary Hopkins
v.
Duke of Athole
1728 .December .
Case No.No. 14.
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One Hopkins intending to dispose of his effects to his relict, upon death-bed caused write out a testament, but after it was read over to him in usual form, he became so weak as not to be able to subscribe more than the three first letters of his name; however, the witnesses having subscribed, and given their affidavits upon the true matter of fact in support of the writ, the will was approved of in the prerogative court of Canterbury, and the relict appointed executrix, administratrix, &c. Upon this title having pursued for a debt owing to her husband in Scotland, the Lords refused to sustain the testament for above £.100 Scots.—See Appendix.
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